Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Raj Bhasha Adhikari Recruitment Rules 2005 - Quashing of- Challenge to -High Court quashing 2005 Rules as a/so the letters whereby the petitioners were told to appear in the Limited Internal Competitive.Examination for promotion to the post of Raj Bhasha Adhikari AD(OL) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Raj Bhasha Adhikari Recruitment Rules 2005 -Quashing of- Challenge to -High Court quashing 2005 Rules as also the letters whereby the petitioners were told to appear in the Limited Internal Competitive.Examination for promotion to the post of Raj Bhasha Adhikari AD(OL) - Held: The approach of the High Court was totally incorrect - High Court had quashed 2005 Rules without service of any notice of the writ petition on the appellants, that too at the preliminary stage of admission - Respondents were never regularly promoted as Hindi Officer at any point of time nor had been regular appointees - They were appointed purely on local officiating basis under delegated powers on the basis of administrative instructions - Thus, they had no vested rights for promotion to the post of Hindi Officer under the Recruitment Rules of 2002, which, in fact were never in operation at any point of time - Moreover, a conscious decision was taken by formulating 2005 Rules which provided that all the posts should be filled up by a Limited Internal Competitive Examination - This was a policy decision and the High Court could not have found fault with it - When Rules are framed under Article 309 of the Constitution, no undertaking need be given to anybody and the Rules can be changed at any time. Thus, the order of the High Court is set aside - Constitution of India, 1950 - Article 309 - Administrative Law.Practice and Procedure: Writ Petition seeking quashing of Rules - Summary disposal of, without calling for counter affidavit and examining the matter in detail - Held: Was totally against any established procedure of law.Equity - When available - Held: Law prevails over equity if there is a conflict - Equity can only supplement the law, and not supplant it - Maxim - Dura lex sed lex. |
Judge | Hon'ble Mr. Justice Markandey Katju |
Neutral Citation | 2011 INSC 302 |
Petitioner | Cmd/chairman, B.s.n.l. And Ors. |
Respondent | Mishri Lal And Ors. |
SCR | [2011] 5 S.C.R. 317 |
Judgement Date | 2011-04-15 |
Case Number | 1405 |
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